Coal/Collieries: Illegal mining of coal – Death of labourers while in mining operations in State of Meghalaya – Directions by this Court to stop transportation of coal – Thereafter, applications filed seeking transportation of coal – Report by Katakey Committee that challan for transport of coal was issued for 176655 MTs. in pursuance of which 94099 Mts. of coal has already been transported and 75050 Mts. of coal is left to be transported – Time for transportation of coal was till 31.01.2019 but due to death of several labourers in rat hole mining, this Court stopped the transport on 15.01.2019 – Held: Transportation of coal of 75050 Mts. is permitted with regard to which transportation challans have already been issued – For the transportation of quantity of 75050 Mts., the State of Meghalaya to take necessary precaution that under the guise of this permission, no other coal is transported or mined – State of Meghalaya to deliberate on the mechanism and entrust the duty to responsible officers – Mines and Minerals (Development and Regulation) Act, 1957.
Disposing of the applications, the Court
HELD: 1.1 The transportation of the coal of 75050 Mts. is permitted with regard to which transportation challans have already been issued. For the said transportation of quantity of 75050 Mts., the State of Meghalaya has to take necessary precaution that under the guise of this permission, no other coal is transported or mined. The State of Meghalaya has to deliberate on the mechanism to ensure that only those, who have transport challans after order of this Court should be permitted to transport the coal out of the quantity of 75050 Mts. as noted by Kateky Committee. While permitting transportation, the State authority should maintain the details of such transportation in different registers noticing: the information of the quantity of the coal, the details of payments, the person who is transporting the coal, the person who is owner of the coal and details and date of verification certificate. These details are necessary to be noted, since a decision is yet to be taken that what further liability can be imposed on such coal, which is going to be transported under this order. [Para 15] [917-G-H; 918-A-D]
1.2 The State should take appropriate precaution while granting permission for transportation and under the strength of this order, no other kind or category of coal shall be permitted to be transported. State should entrust the duty to responsible officers of the State Government not below the rank of Deputy Commissioner to ensure compliance of this order and conditions to be fixed by the State Government. Applications seeking impleadment by permitting only intervention are disposed of. On the applications seeking directions, the orders as indicated above are passed, which applications shall await the final disposal of the applications alongwith the final decision of the case. [Para 16] [918-D-F]
1.3 The State of Meghalaya is directed to finalise the mechanism for ensuring verification and transportation of coal which mechanism be finalised and publicised for the benefit of all concerned and put in place within the stipulated period. The actual transportation after due verification along with a verification certificate by an Officer not the rank below than the Deputy Commissioner be permitted from 17.05.2019 to 31.05.2019 (15 days). [Para 17] [918-F-G]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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